A man convicted of child porn possession in 2010 and again in 2012 has breached his conditions again.
Richard Hanterman, 48, of North Battleford was sentenced to a 10-month conditional sentence order to be served in the community, followed by 12 months probation, after a guilty plea to his latest breach - in this case, to have no contact with anyone under the age of 18.
Hanterman was in Provincial Court in North Battleford Thursday for sentencing.
According to the facts outlined by the Crown, the breach took place in June of this year. Hanterman was arrested after police spotted a 16-year-old girl exiting a vehicle with Hanterman behind the wheel.
Hanterman was charged with three counts of breach of conditions, though a stay of proceedings was entered on two. Hanterman pled guilty to the other breach count Aug. 15.
Hanterman has a lengthy criminal record. He served 20 months probation for a mischief charge from 2004, and in 2010 was sentenced to a 30-day intermittent jail sentence and an additional three years probation for possession of child pornography after 234 photographic images were discovered on his computer by investigators.
As part of that sentence Hanterman completed a 14-week sex offender program and a number of conditions were imposed, including no contact with anyone under 18, forfeiture of his computer and no possession of pornography of any kind.
However, Hanterman landed back in jail after he was arrested for breaching his no-contact order at the North Battleford parade Aug. 15, 2011, while still on probation. Two images of child pornography were also found on his cell phone at that time.
He entered a guilty plea to possession of child pornography and two breach charges in January 2012 and was sentenced to one year in jail, less the seven-and-a-half months credit for time served in remand.
Hanterman also received three years probation, which again included the condition to have no contact with anyone under 18.
Hanterman has also applied to have the no-contact-under-18 condition removed. According to the Crown submission Thursday, his latest application was dismissed in May by Judge David Kaiser.
The pre-sentence report into his latest breach rated Hanterman as a medium risk to reoffend. That concerned Judge Lorna Dyck as his previous pre-sentence report for the child porn charges in 2010 had rated him a low risk.
Judge Dyck observed Hanterman "hasn't done enough" to address his risk to re-offend. She also called this second breach of a no-contact order a "flagrant disregard for a court order."
Dyck reiterated those comments later during the defence submissions, describing Hanterman's repeated breaches as "thumbing (his) nose at the court."
Defence counsel cited several mitigating factors, noting the breaches all involved family members. As well, it was noted Hanterman accepted responsibility each time he had been charged and had been co-operative with authorities and entered early guilty pleas.
The Crown asked for five to six months in jail for Hanterman followed by three years probation. The defence position called for a conditional sentence order with no probation, lasting somewhere in the range of eight to 12 months.
In her ruling Judge Dyck decided not to send Hanterman back to jail, citing the need for Hanterman to get some programming to address his repeated breaches.
Instead, she sentenced Hanterman to the 10-month CSO followed by one-year probation. Among the lengthy set of conditions are that Hanterman have no contact with anyone under 18, not access or possess any pornography and not use a computer/device capable of accessing Internet.
He must also participate in assessment for sex offending, and do addiction assessment and personal counseling. A $100 surcharge was assessed as well.
The judge urged Hanterman to follow the terms and "this will all be behind you." But she also made clear that if Hanterman breaches again he could go back to jail.
